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MOTORIST GAOLED

SEQUEL TO ACCIDENT

FAILURE TO STOP PENALTY

"Yours is not a case which can be met by anything short of a gaol sentence," said Mr. Justice Callan, this morning, when Philip Hayvice, aged 44, managing-director, appeared before him for sentence on three charges arising out of a motor accident in Symonds Street on March 8. Hayvice was sentenced to six months' hard labour, his driving license was cancelled, and he was disqualified from holding a driving license for two years.

Accused was found guilty yesterday of failing to stop after an accident, failing to ascertain if anyone was injured, and failing to render assistance.

Speaking in mitigation of sentence, Mr. Robinson said that the circumstances of the case were not as serious as those usually surrounding such charges. There had been no negligence and the accident had been brought about by the person injured. Notwithstanding the verdict of the jury, it was possible that Hayvice, if the driver of the car, really did not know he had been involved in an accident. He was a man who had had difficulties in the past, had redeemed himself and been extremely successful in business. Not only Hayvice, but a number of relatives were dependent on his business which was passing through a difficult period. Serious consequences would result if he were not able to attend to the business.

Counsel for the defence had made a slight suggestion that there was ground for doubt about the verdict, said his Honor in imposing sentence. He personally had none whatever and in his opinion the verdict was right. He warned Hayvice of the seriousness of attempting to obtain a driving license while disqualified from holding one.

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MOTORIST GAOLED
Auckland Star, Volume LXXVI, Issue 182, 3 August 1945

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